Legal Cover Songs

Because the publisher owns all the maps in these circumstances, they may ignore your sync license request. They may tell you to go for a hike. You can say, of course, you can post a cover video of our song as long as you pay us a dollar of bazillion. The consequences of releasing a cover without a music license depend on the copyright holder. My suggestion: Do your research. If you want to avoid being permanently banned from YouTube, check which songs are included in You Tube`s 2012 deal with the National Music Publishers Association (NMPA) and the Harry Fox Agency (HFA). Try to reach the owner of the song. And just like in baseball, when you have two hits, make your next decision wisely! Before I answer this question, I`ll let you in on a secret: almost NO ONE who creates song cover videos jumps through hoops to get the proper license before posting those videos on YouTube. Cover videos are very popular on YouTube, and creating a cover video is one of the most proven ways to get new listeners and viewers to see your other songs, including your original footage. Here, we`ll walk you through YouTube`s licensing laws and how to navigate the platform`s rules. Essentially, a mechanical license grants you the right to reproduce and distribute copyrighted songs (musical compositions). If you plan to record and publish music that you don`t have rights to, you need to make sure you take care of it, as required by U.S.

copyright law. Under section 115 of the Copyright Act, anyone can record a song that has already been published by another artist, whether or not they have permission. It`s called a compulsory license, and as long as it`s stated that you`re covering their copyrighted works, you`re golden. YouTube is full of covers. From indie artists to toddlers to superstars, some of the most watched videos on the internet are covers. Whether the video shows a live rock band or a six-year-old on a piano, most of these covers are posted without permission from the song`s copyright holder. In other words, they are posted illegally. Read on to find the answer to this question: Do you need permission to cover a song on Youtube? But. A mechanical license (often obtained by an agency like Harry Fox or CD Baby`s cover song licensing service) protects you ONLY for the distribution of a cover song sound recording, NOT for the associated cover song video.

So, while you MUST absolutely purchase the necessary mechanical license for a cover before pressing CDs or selling downloads, this license makes no sense when it comes to the video you want to publish on YouTube. The ISRC code is a unique 12-digit alphanumeric code assigned to each version/mixture of a record (i.e. QMZTA1700001). For example, if you have a live version and a studio version of your cover, you`ll need their own ISRC each. If you get a dance remix of your cover or if you make a stripped-down acoustic version of your cover produced in the studio, each of these versions needs a unique ISRC. That`s right, you could ALWAYS be knocked down or sued by the publisher. But it`s very rare these days. Most publishers understand that monetizing cover videos through YouTube ads can generate real revenue. It`s better to make money (with little or no effort) with artists who can`t wait to share their songs than to have to spend time and money fighting cover videos that haven`t been allowed through official sync channels. There are rules for cover versions […] The system is called compulsory licensing. […] Anyone can cover someone else`s song, and their creator can`t say no (that`s the obligatory part). But when you cover a song, you have to pay a royalty to the creator of the song (that`s the licensing part).

Moreover, the royalty rate is always the same – it is “legal”, i.e. fixed and not subject to individual negotiations – no matter who covers the song and how many (or few) copies they sell. The guideline is determined by a panel of arbitrators, three “copyright royalty judges” appointed by the Congressional Librarian, and is adjusted from time to time to maintain its relative value. A “cover” is a new interpretation of a song previously recorded by someone other than the original artist, leaving the basic lyrics and melody intact. In other words, when you upload a cover video, YouTube should be able to say that you do NOT own the rights to the song. You will see a claim on the video from the publisher, and any advertising revenue generated by your video will be paid to that rights holder. If you get a sync license (or sync license) from the song`s publisher, you can combine its composition with moving images in your cover video. To legally publish your cover in video format, you need a mechanical license AND a sync license. A sync license allows you to use the composition in a visual format (such as a video). The only way to obtain a sync license is directly from the original copyright holder, and fees may vary. Even if you could locate copyright holders and publishers, most would never respond to a request. Technically, the majority of all YouTube cover videos are illegal because we all know that most aspiring YouTube stars don`t lock sync licenses before clicking “download.” So how do you legally publish a cover on YouTube? To find the answer, we need to understand the two most important copyrights in a song: one in the composition (lyrics and music) and the other in the sound recording.

The article covers the history of the most common type of license you need to release a cover: the mechanical license. It actually goes back to the days of mechanical pianos, when you were literally mechanically reproducing the sound of the song! In a commentary advocating for new regulations that encourage both musical collaboration and ownership recognition, Pitchfork explains how clear a song`s cover rules are: Similar advice applies to the live performance of a cover. If you have less than a few thousand people at your show and you don`t record and distribute the performances, you may go unnoticed. However, if you are performing a big show or recording a video for wide distribution, you will need to contact the song`s publisher or one of the major performing rights organizations (ASCAP, BMI, and SESAC) for permission. (Here is an exhaustive explanation of the subject.) So make sure you get a license if you`re releasing a cover in a physical format. Make sure you get a license if you publish a cover as a digital download. If you`re only publishing for large interactive streaming platforms, you may not need to purchase a license, as most of these companies already pay HFA or IRM. Currently, the legal mechanical licence rate for physical formats (CDs, cassettes, LPs) and permanent digital downloads (e.g., iTunes) is 9.1¢ for songs of 5 minutes or less or 1.75¢ per minute, or a fraction of that for songs longer than 5 minutes. As long as you get a mechanical license for the covers you want to distribute, that`s 90% of the combat and all you have to do. If you upload your coverage to YouTube, everything should be fine as long as you realize you can`t generate ad revenue. But learn from my mistake and keep your cover videos away from Facebook for a short time. But there is a common case where you may need more than just a mechanical license.

If you want to post a video of your cover on YouTube and you think there`s a chance of more than a few people watching it, you`ll need a dubbing license that covers combining sound with a visual experience. It`s still possible for a takedown notification to occur on your cover video if you don`t get a sync license. But the chances of that happening today are rare. Most publishers and rights holders have accepted the fact that once your music is published, it will end up on YouTube, whether they like it or not. Assuming that only one license covers you for each use of the song is like assuming that your doctor will accept pet insurance to treat your laryngitis.